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Madrid Protocol Applications

What is a "Basic Mark" for a Madrid application?

To file an international application via the Madrid System, you must hold a registered trademark or a pending application in your home country (Georgia). The international application must mirror the owner, mark image, and goods list of this "Basic Mark."

Can I add more countries later?

Yes, the Madrid System is flexible. You can file a "Subsequent Designation" to extend protection to additional member countries at any time after the initial registration, allowing you to expand protection as your business grows into new markets.

How are fees calculated for Madrid applications?

Fees depend on the number of designated countries and whether the mark is in black & white or color. It includes a basic fee to WIPO plus individual fees for each designated country. We provide a precise cost calculation before filing.

What happens if WIPO finds an error?

If there's a discrepancy (e.g., in goods classification), WIPO issues an "Irregularity Notice." You have a strict deadline to correct it. Our experts handle these responses to ensure the application proceeds smoothly without abandonment.

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Filing an application via the Madrid System is the most efficient way to protect your trademark in multiple countries simultaneously. Service #1214 focuses specifically on the technical and legal process of preparing and submitting the application. This service is ideal for businesses that already have a registered mark in Georgia (or have filed an application) and wish to expand protection. Qualified assistance at this stage is crucial because the WIPO application form (MM2) requires precise classification of goods and services and conformity with the basic mark. Any inaccuracy leads to process delays ("Irregularity") and additional costs.

What Madrid Application Services Cover

Specialists on Legal.ge ensure:

  • Basic Mark Analysis: Verifying if your Georgian mark meets international application requirements (owner, mark, and list of goods must be identical).
  • Country Calculation: Accurate calculation of WIPO fees based on selected countries (in Swiss Francs).
  • Application Formulation: Filling out the application in English, translating classes, and adapting them to the international standards of the Nice Classification.
  • Submission to Sakpatenti: Filing the application with the local office (Office of Origin), which verifies and forwards it to WIPO.
  • Monitoring Until Registration: Tracking the process until the certificate is issued by WIPO.

Practical Examples and Scenarios

Filing an application is necessary when:

  • Market Expansion: A company starts exporting to Turkey and Azerbaijan. Instead of hiring separate lawyers, one application covers both countries.
  • Online Trade: An e-commerce platform serves customers in the EU and USA. To protect the brand (e.g., for Amazon Brand Registry), a registered mark is needed in these jurisdictions.
  • Priority Usage: A company filed an application in Georgia 5 months ago. It has 1 more month to use "convention priority" and claim protection in other countries with the original date via a Madrid application.

Georgian Legal Framework

The process is based on the Madrid Protocol. Georgia acts as the "Office of Origin." The application must be in English. It is important to know that the international application cannot be broader (in terms of goods list) than the basic Georgian application. If the basic application is refused in Georgia, the international application will also fail (within 5 years). Therefore, risk assessment is critical.

The Process: Step-by-Step

Application path:

  1. Preparation: Clarifying and translating classes.
  2. Payment: Paying Sakpatenti and WIPO fees.
  3. Filing: Submitting documents to Sakpatenti.
  4. Certification: Sakpatenti confirms compliance and sends to Geneva.
  5. International Registration: WIPO assigns a number and publishes in the gazette.

Why Legal.ge?

Filling out a Madrid application is technically complex. An incorrectly translated term or miscalculated fee will trigger an "Irregularity Notice" from WIPO, delaying the process and incurring extra costs. Legal.ge guarantees that your application will be prepared professionally and pass examination smoothly. Save time and nerves with us.

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